BIBI SABERA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition is with respect to the order dt. 16.8.2002 (Annexure -5), passed by the learned Addl. Member, Board of Revenue, Bihar, Patna, in district Kishanganj case no. 42 of 2001 (Bibi Sabera Khatoon re. State of Bihar), whereby he has refused to pass a formal order of stay of distribution of lands in question on the ground that the same has been stalled by the receipt of the lower court records in the registry of the Board of Revenue.

(2.) LEARNED counsel for the petitioner submits that receipt of the records does not stall distribution of lands which goes on by starting a parallel/shadow file unless there is a formal orders of stay by a superior court. Relying on the statement made in paragraph 23 of the writ petition, he submits that the proposal for distribution of lands covered by the notificaton in terms of section 15(1) of the Bihar Land Ceiling Act is going on at Kishanganj and, therefore, the revision application pending final adjudication before the Board of Revenue may be rendered infructuous.

(3.) THE writ petition is accordingly disposed of.